Bain v. Howell

FOSTER, Justice.

An original bill was filed by some of the children and heirs at law of Charles Beard seeking to exercise the equity of redemption in respect to a mortgage made by Charles Beard to O. D. Street, now claimed by appellant W. N. Bain as remote assignee. The bill makes the widow and all the other heirs at law of Charles Beard parties respondent. It then sets up a transaction by Harriet Beard, the widow, as to her interest (sometimes referred to as a life interest in the land for a homestead), by which she sold it to one McCormick who is alleged to have agreed to pay and discharge…